(f) "The Court" or "the Juvenile Court" means any court duly "Court." (g) "The judge" means the judge of a Juvenile Court seized of the "The judge.” school." (h) "Industrial school" means any industrial school or juvenile "Industrial 3. The commission by a child of any of the acts enumerated in para. Delinquency. graph (c) of section 2 of this Act, shall constitute an offence to be known as a delinquency and shall be dealt with as hereinafter provided. 4. The Juvenile Court shall have exclusive jurisdiction in cases of Courts jurisdiction. delinquency except as provided in section 7 of this Act. trials. 5. Except as hereinafter provided, prosecutions and trials under this Act Summary shall be summary and shall, mutatis mutandis, be governed by the provisions of Part XV. of The Criminal Code, in so far as such provisions are R.S., c. 146. applicable, whether or not the act constituting the offence charged would be in the case of an adult triable summarily; provided that whenever in such provisions the expression "justice" occurs, it shall be taken in the application of such provisions to proceedings under this Act to "judge of the Juvenile Court, or justice specially authorized by Dominion or provincial authority to deal with juvenile delinquents." court. 6.--(1) When any child is arrested, with or without a warrant, such All cases to go child shall, instead of being taken before a justice, be taken before the to juvenile Juvenile Court; and if a child is taken before a justice, upon a summons or under a warrant or for any other reason, it shall be the duty of the justice to transfer the the case to the Juvenile Court, and of the officer having the child in charge to take the child before that court, and in any such case the Juvenile Court shall hear and dispose of the case in the same manner as if such child had been brought before it upon information originally laid therein. (2) The provisions of the foregoing subsection shall not apply to any justice who is a judge of the Juvenile Court, or who has power to act as such, under the provisions of any Act in force in the province. is indictable. R.S., c. 146. 7. Where the act complained of is, under the provisions of The Criminal Exceptional procedure Code or otherwise, an indictable offence, and the accused child is apparently when offence or actually over the age of fourteen years, the court may, in its discretion, order the child to be proceeded against by indictment in the ordinary courts in accordance with the provisions of The Criminal Code in that behalf; but such course shall in no case be followed unless the court is of the opinion that the good of the child and the interest of the community demand it. The court may, in its discretion, at any time before any proceeding has been initiated against the child in the ordinary criminal courts, rescind an order so made. Notices to parents. Service of notice. Duties of clerk. Private trials. Place of trials. Names not to be published. A detention home. Penalty. Exception. Exception. Where there is no detention home. 8.-(1) Due notice of the hearing of any charge of delinquency shall be served on the parent or parents or the guardian of the child, or if there be neither parent nor guardian, or if the residence of the parent or parents or guardian be unknown, then on some near relative living in the city, town or county, if any there be, whose whereabouts is known, and any person so served shall have the right to be present at the hearing. (2) The judge may give directions as to the persons to be served under this section, and such directions shall be conclusive as to the sufficiency of any notice given in accordance therewith. 9. It shall be the duty of the clerk of the Juvenile Court to notify the probation officer or the chief probation officer, in advance, when any child is to be brought before the court for trial. 10. (1) The trials of children shall take place without publicity and separately and apart from the trials of other accused persons, and at suitable times to be designated and appointed for that purpose. (2) Such trials may be held in the private office of the judge or in some other private room in the court house or municipal building, or in the detention home, or if no such room or place is available, then in the ordinary court room; provided that when held in the ordinary court room, an interval of half an hour must be allowed to elapse between the close of the trial or examination of any adult and the beginning of the trial of a child. (3) No report of the trial or other disposition of a charge against a child, in which the name of the child or of its parent or guardian is disclosed, shall, without the special leave of the judge, be published in any newspaper or other publication. 11. (1) No child, pending a hearing under the provisions of this Act, shall be held in confinement in any county or other jail or other place in which adults are or may be imprisoned, but shall be detained at a detention home or shelter used exclusively for children or under other charge approved of by the judge or, in his absence, by the sheriff, or, in the absence of both the judge and the sheriff, by the mayor or other chief magistrate of the city, town, county or place. (2) Any officer or person violating the provisions of the next preceding subsection shall be liable on summary conviction before a Juvenile Court or a justice to a fine not exceeding one hundred dollars, or to imprisonment not exceeding thirty days, or to both fine and imprisonment. (3) The provisions of this section shall not apply to a child as to whom an order has been made pursuant to section 7 of this Act. (4) The provisions of this section shall not apply to a child apparent`y over the age of fourteen years, who, in the opinion of the judge or, in his absence, of the sheriff, or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, cannot safely be confined in any place other than a jail or lock-up. 12. (1) Where a warrant has issued for the arrest of a child, or where a child has been arrested without warrant, in a county or district in which there is no detention home used exclusively for children, no incarceration of the child shall be made or had unless in the opinion of the judge of the court, or, in his absence, of the sheriff, or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, such course is necessary in order to insure the attendance of such child in court. (2) In order to avoid, if possible, such incarceration, the verbal or Promise to attend may be written promise of the person served with notice of the proceedings as accepted. aforesaid, or of any other proper person, to be responsible for the presence of such child when required, may be accepted; and in case such child fails to appear at such time or times as the court requires, the person or persons assuming responsibility as aforesaid, shall be deemed guilty of contempt of court, unless in the opinion of the court there is reasonable cause for such failure to appear. 13. Pending the hearing of a charge of delinquency the court may accept Bail may be bail for the appearance of the child charged at the trial as in the case of accepted. other accused persons. 14. On the trial of a child the proceedings may, in the discretion of Proceedings the judge, be as informal as the circumstances will permit, consistently informal. may be with a due regard for a proper administration of justice. 15.—(1) When in a proceeding before a Juvenile Court a child of tender child's oath years who is called as a witness does not, in the opinion of the judge, under- may be dis pensed with. stand the nature of an oath, the evidence of such child may be received, though not given under oath, if in the opinion of the judge such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth. evidence. (2) No person shall be convicted upon the evidence of a child of tender Corroborative years not under oath unless such evidence is corroborated in some material respect. 16.-(1) In the case of a child proved to be a juvenile delinquent the Release ou court may adjourn the hearing from time to time for any definite or probation. indefinite period; and may impose a fine not exceeding ten dollars, or may commit the child to the care or custody of a probation officer or of any other suitable person; or may allow the child to remain in its home, subject to the visitation of a probation officer, such child to report to the court or to the probation officer as often as may be required; or may cause the child to be placed in a suitable family home as a foster home, subject to the friendly supervision of a probation officer and the further order of the court; or may commit the child to the charge of any children's aid society, duly organized under an Act of the legislature of the province and approved by the Lieutenant-Govenor in Council, or, in any municipality in which Guardianship. there is no children's aid society, to the charge of the superintendent of neglected and dependent children for the province, if one there be, duly appointed under the authority of any such Act; or may commit the child, if a boy, to an industrial school for boys, or, if a girl, to an industrial school or refuge for girls, duly approved by the Lieutenant-Governor in Council. Support of (2) In every such case it shall be within the power of the court to make an order upon the parent or parents of the child, or upon the municipality child. to which it belongs, to contribute to its support such sum as the court may determine. A ward of the court. When returned for further 3. Every such child, whether allowed to remain at home or placed in a foster home, or if it be in any way committed, shall continue to be a ward of the court until it has been discharged as such ward by order of the court or has reached the age of twenty-one years; and the court may at any time during the period of wardship cause such child to be returned to the court for further or other proceedings, including discharge upon parole or release from detention; Provided that in a province in which there is a superintendent of neglected and dependent children appointed under the authority of any provincial statute, no child shall be released by the judge from an industrial school without a report from such superintendent recommending such release. 4. When a child is returned to the court for further or other proceedproceedings. ings as in the last preceding subsection provided, the court may deal with the case on the report of the probation officer in whose care such child has been placed, or of the secretary of a children's aid society, or of the superintendent of neglected and dependent children, or of the superintendent of the industrial school to which the child has been committed, without the necessity of hearing any further or other evidence. The child's own good. 5. The action taken shall, in every case, be that which the court is of opinion the child's own good and the best interests of the community require. May be dealt 17. Whenever an order has been made under the next preceding section with under provincial law.committing a child to a children's aid society, or to a superintendent of neglected and dependent children, or to an industrial school, if so ordered by the secretary of the province, the child may thereafter be dealt with under the laws of the province in the same manner in all respects as if an order had been lawfully made in respect of a proceeding instituted under authority of a statute of the province; and from the date of the issuing of such order the child shall cease to be a ward of the court and, except for new offences, it shall not be further dealt with under the provisions of this Act. The order of the provincial secretary may be made in advance, and to apply to all cases of commitment mentioned in this section. Parent or guardiam may be ordered to pay fine, etc. Security by parent or guardian. Parent or guardian to be heard. Recovery of fine, etc. 18.—(1) Where a child is proved to have been guilty of an offence for the commission of which a fine, damages or costs might in the case of an adult be imposed, and the court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without any other action, the court shall order that the fine, damages or costs awarded be paid by the parent or guardian of the child, instead of by the child, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or otherwise. (2) Where a child is charged with any offence the court may order its parent or guardian to give security for its good behaviour. (3) No order shall be made under this section without giving the parent or guardian an opportunity of being heard; but a parent or guardian who has been duly served with notice of the hearing pursuant to section 8 of this Act shall be deemed to have had such opportunity, notwithstanding the fact that he has failed to attend the hearing. (4) Any sum imposed and ordered to be paid by a parent or guardian under this or the previous sections may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence in question. (5) A parent or guardian shall have the same right of appeal from an Appeal. order made under the provisions of this section as if the order had been made on the conviction of the parent or guardian. chili to be 19. (1) No Protestant child dealt with under this Act shall be com- Religion of mitted to the care of any Roman Catholic children's aid society or be placed respected. in any Roman Catholic family as its foster home; nor shall any Roman Catholic child dealt with under this Act be committed to the care of any Protestant children's aid society, or be placed in any Protestant family as its foster home; but this section shall not apply to the placing of children in a temporary home or shelter for children, established under the authority of a statute of the province, or, in a municipality where there is but one children's aid society, to such children's aid society. enforce (2) If a Protestant child is committed to the care of a Roman Catholic Order to children's aid society, or placed in a Roman Catholic family as its foster preceding home, or if a Roman Catholic child is committed to the care of a Protestant provision. children's aid society or placed in a Protestant family as its foster home, contrary to the provisions of subsection 1 of this section, the court shall, on the application of any person in that behalf, make an order providing for the proper commitment or placing of the child pursuant to subsection 1 of this section. allowed to be 20. No child, other than an infant in arms, shall be permitted to be Children not present in court during the trial of any person charged with an offence or in court. during any proceedings preliminary thereto, and if so present it shall be ordered to be removed unless it is the person charged with the alleged offence, or unless its presence is required, as a witness or otherwise, for the purposes of justice; Provided that this section shall not apply to messengers, clerks and other persons required to attend at any court for purposes connected with their employment. 21. It shall not be lawful to commit a juvenile delinquent apparently Children under the age of twelve years to any industrial school, unless and until an under twelve. attempt has been made to reform such child in its own home or in a foster home or in the charge of a children's aid society, or of a superintendent of neglected and dependent children, and unless the court finds that the best interests of the child and the welfare of the community require such commitment. 22. (1) No juvenile delinquent shall, under any circumstances, upon Children to or after conviction, be sentenced to or incarcerated in any penitentiary, or from adults. be separated county or other jail, or police station, or any other place in which adults are or may be imprisoned. (2) This section shall not apply to a child who has been proceeded Exception. against under the provisions of section 7 of this Act. court 23.-(1) There shall be in connection with the Juvenile Court a com- Juvenile mittee of citizens, serving without remuneration, to be known as "the committee. Juvenile Court Committee." court (2) Where there is a children's aid society in a city or town in which Juvenile this Act is in force, the committee of such society or a sub-committee thereof committee, shall be the Juvenile Court Committee; and where there is both a Protestant x-officio. and a Roman Catholic children's aid society then the committee of the Protestant children's aid society or a sub-committee thereof shall be the |